Armstrong’s Settlement Act of 1886 No asa (NSW)

An Act to appoint Trustees in the Colony of New South Wales of Mrs. Mary Susannah Long Armstrong's marriage sett lement and to authorize the retention and invest­ ment in the said Colony of the t rust funds and property comprised in or subject to the trusts thereof and otherwise to make provision in respect of the premises. [8th October, 1880.]

and by v i r tue whereof t h e said M a r y Susannah L o n g I n n e s was ent i t led to cer ta in shares of and in cer tain real and personal es ta te in t h e Colonies of N e w South W a l e s and Tasmania A n d also (interalia) t h a t no

WH E R E A S by an inden tu re dated t h e twenty-f irs t day of Decem­ ber one thousand e ight hundred and seventy and made be tween

J o h n A r m s t r o n g of t h e first pa r t and t h e said M a r y Susannah L o n g

I n n e s now M a r y Susannah L o n g A r m s t r o n g of t he second par t and

E d w a r d Lawes P y m Regina ld Gipps L o n g I n n e s J a m e s A r m s t r o n g

and R i c h a r d Dawes t h e younger of t he th i rd pa r t be ing t h e se t t l ement

of t he proper ty of t he said	M a r y Susannah L o n g A r m s t r o n g made by
he r previously to and in	considerat ion of he r mar r i age wi th t h e said

J o h n A r m s t r o n g after rec i t ing t h a t a mar r iage had been agreed upon and was t h e n a t tended to be short ly solemnized be tween the said J o h n A r m s t r o n g a n d the said M a r y Susannah L ong I n n e s A n d rec i t ing t h e

respect ive wills of J a m e s H a y d o c k R e i b y a n d M a r y Reiby bo th deceased

and the will and codicil of E l izabe th A n n I n n e s deceased u n d e r which

no division of t he proper t ies comprised in and subject to t he t rus t s of t h e said wills respectively had t h e n been made b u t t h e same were respectively held by t h e Trustees of t h e said respective wills in t rus t for t h e persons beneficially ent i t led to or interested the re in respect ively

in undiv ided shares and	no accura te par t icu lars of t he said proper t ies
h a d t h e n been furnished	to t h e said E d w a r d Lawes P y m Reg ina ld

Gipps L o n g I n n e s J a m e s A r m s t r o n g and R i c h a r d Dawes t h e younger

i t was witnessed t h a t in pu r suance of t he ag reement entered in to on

the t r e a t y for t h e said t h e n in tended mar r i age a n d in considerat ion of

t h e said t h e n in tended mar r i age she t h e said M a r y Susannah L o n g

I n n e s wi th t h e pr iv i ty and approbat ion of t he said J o h n A r m s t r o n g testified by his execu t ion thereof and according to t h e several na tu re s a n d qual i ty of t h e p roper ty and to he r estate and interes t the re in did

the reby g r a n t and assign u n t o t h e said E d w a r d Lawes P y m Reg ina ld

Gipps L o n g I n n e s J a m e s A r m s t r o n g a n d R icha rd L a w e s t he younge r

the i r heirs executors and adminis t ra tors A l l and s ingular t h e shares

in teres ts estates he red i t amen t s and premises of in or to wh ich she t he said M a r y Susannah L o n g I n n e s was seized possessed or otherwise ent i t led in possession revers ion expec tancy or otherwise howsoever unde r or by v i r tue of t he said wills or codicils the re in reci ted of t he said J a m e s H a y d o c k Re iby M a r y R e i b y and E l i zabe th A n n I n n e s or any or e i ther of such wills or codicils to hold t h e said premises there ­ inbefore g ran ted a n d assigned or expressed or in tended so to be u n t o

and to t he use of t h e said E d w a r d Lawes P y m Regina ld Gipps L o n g

I n n e s J a m e s A r m s t r o n g and R i c h a r d Dawes t h e younge r the i r hei rs

executors adminis t ra tors and assigns according to t h e n a t u r e and

quali ty thereof upon t h e t rus t s and for t h e i n t en t s a n d purposes and

wi th unde r and subject to t he powers provisions and declarat ions the re ­ inafter expressed and declared or referred to concern ing t h e same A n d i t was the reby expressed a n d declared t h a t t he said Edward Lawes

P y m Reg ina ld Gipps L o n g I n n e s J a m e s A r m s t r o n g and R i c h a r d

Dawes t h e younge r the i r executors and adminis t ra tors and o the r t h e

Trus tees or Trus tee for t h e t ime be ing of t h e said i n d e n t u r e should

s tand possessed of all t h e said t r u s t premises t he r eby assured u p o n t h e

t rus t s there inaf ter expressed concern ing the same respect iveiy t h a t

was to say in t r u s t for t h e said M a r y Susannah L o n g I n n e s u n t i l t h e

solemnizat ion of t he said t h e n in t ended mar r i age and after t he solem­

niza t ion thereof upon t rus t t h a t t h e said Trustees and Trus tee for t h e

t ime be ing should as and w h e n t h e t ru s t premises or any pa r t thereof should come in to the i r or his ac tua l legal possession sell t h e same in m a n n e r the re in men t ioned a n d should lay ou t a n d invest t h e moneys

ar is ing from such sale and conversion a n d al l and every o the r t he

pr incipal s u m and sums of money wh ich m i g h t come in to the i r hands in respect of t he shares and interest t he reby expressed to be assured in any of t he publ ic stocks or funds of Grea t Br i t a in or in stock of the B a n k of E n g l a n d or I r e l and or in E a s t I n d i a s tock or in a n y loan of

t h e Eas t I n d i a n Government (old or new) or upon secur i ty of a n y

freehold copyhold or cus tomary messuages lands or he red i t amen t s in

E n g l a n d or Wales for a n y t e r m of years whereof no t less t h a n s ixty years should be unexpi red a t t h e t i m e of i nves tmen t or in or upon any mor tgages charges or inves tments author ized or secured b y t h e L a n d

Dra inage Acts or o ther Ac ts of P a r l i a m e n t (of a l ike na tu re ) whe the r

t h e n al ready passed or thereaf ter to be passed a n d whe the r such Acts

should bo publ ic or p r iva te Ac ts or upon any m o r t g a g e of ra tes

au thor ized b y A c t of P a r l i a m e n t for any town city borough or coun ty

in t h e U n i t e d K i n g d o m or in or upon securi ty of t he debentures or deben tu re stock or bonds or mor tgages or guaran teed or preference shares or gua ran t eed or preference stock of any Company incorpora ted by A c t of P a r l i a m e n t or otherwise for t h e purpose of ca r ry ing on a n d

t h e n

t h e n ac tua l ly ca r ry ing on business in t he U n i t e d K i n g d o m or the Eas t

Ind ies a n d pay ing or d ividing and h a v i n g for t h e five years n e x t or

immedia te ly preceding paid or divided a dividend or profit u p o n the i r o rd inary shares or capi ta l stock and w i t h power for t h e said Trus tees or Trus tee wi th t h e consent in wr i t ing of the said J o h n A r m s t r o n g and M a r y Susannah L o n g I n n e s or t he survivor of t h e m du r ing the i r his or her lives or life and after t h e dea th of such survivor a t t he sole discre­ t ion of t h e said Trus tees or Trus tee from t ime to t i m e to change t h e said stocks funds or securit ies in to o ther stocks funds or securi t ies of a l ike n a t u r e as m i g h t he t h o u g h t expedient and to s tand possessed of

t he said t r u s t premises upon t rus t to pay t h e whole income thereof

u n t o t h e said M a r y Susannah L o n g I n n e s and her assigns du r ing he r

life for he r sole and separate use wi thou t power of ant ic ipa t ion A n d

after t he dea th of t he said M a r y Susannah L o n g I n n e s (if t he said J o h n

A r m s t r o n g should survive her) t h e n to pay the whole of the said a n n u a l

income to t h e said J o h n A r m s t r o n g and his assigns du r ing his life or

un t i l he should be out lawed or declared b a n k r u p t or t a k e the benefit

or a t t e m p t to t ake t h e benefit of any s ta tu tory provision for a r range­

m e n t w i th creditors or should assign charge or incumber or a t t e m p t to ass ign charge or i ncumber t he said a n n u a l income or some p a r t thereof or should do or suffer someth ing whereby the said a n n u a l income or some p a r t thereof m i g h t if be longing absolutely to h i m become vested

in or payable to some o the r person or persons A n d after t he dea th of

t h e survivor of t h e m t h e said M a r y Susannah L o n g I n n e s a n d J o h n

A r m s t r o n g (or o ther sooner de te rmina t ion unde r t he provision here in­

before conta ined of the said t r u s t for p a y m e n t of t h e said a n n u a l

income to the said J o h n A r m s t r o n g in case t h e same should t ake effect) to s tand possessed of all t he said t r u s t premises in t rus t for all or such one or more exclusively of t h e o the r or o thers of t h e issue of t he said in t ended mar r i age to be bo rn dur ing t h e lives of t h e said M a r y Susannah L o n g I n n e s and J o h n A r m s t r o n g or t he life of t h e survivor of t h e m or wi th in twenty-one years after t he dea th of such survivor as such age or t ime or respect ive ages or t imes if more t h a n one in such shares a n d w i t h such future executory or o ther t ru s t s for t he benefit of the said issue or some or one of t h e m and wi th such provisions for the i r respect ive ma in t enance educat ion and advancemen t a t t h e discret ion of t h e said Trustees or Trus tee for t he t ime be ing or of any o ther person A n d upon such condit ions w i th such res t r ic­ t ions and in such m a n n e r as t h e said J o h n A r m s t r o n g and M a r y Susannah Long I n n e s should by any deed or deeds or wr i t ing or wri t ings

a p p o i n t m e n t jo in t ly appoint and in defaul t of such jo in t appo in tmen t	sealed and delivered wi th or w i thou t power of revocat ion and new
and so far as such jo in t a p p o i n t m e n t if any should not ex tend then as t he survivor of t h e m should in l ike m a n n e r or b y will or codicil appoin t a n d in defaul t of such appoin tment and so far as such appoint ­ m e n t if any should not ex tend in t r u s t for all t h e chi ldren or any t h e child of t h e said t h e n in tended mar r i age who being sons or a son should a t t a in t he age of twenty-one years or be ing daugh te r s or a d a u g h t e r should a t t a in t h a t age or m a r r y unde r t h a t age and if more
t h a n one in equal shares as t enan t s in common A n d i t was the reby
provided t h a t no child who or whose issue should take any par t of t h e
said t r u s t premises unde r any appo in tmen t in pur suance of ei ther of t h e powers las t ly thereinbefore contained should in default of appoint­ m e n t to the contrary have or be ent i t led to any share of t he unap - pointcd pa r t of t he said t r u s t premises w i thou t b r ing ing the shares or share appointed to h im or he r or his or he r issue in to ho tchpot and account ing for the same accordingly And it was the reby agreed and declared t h a t t he said Trustees or Trus tee should after t he dea th of t h e survivor of t he said M a r y Susannah L o n g I n n e s and J o h n A r m s t r o n g

or

or t h e sooner de te rmina t ion of t h e t r u s t in favour of t h e said J o h n

A r m s t r o n g	the re in	conta ined	in case t he same should t ake effect pay­
or apply t h e whole or such p a r t as t hey or he should t h i n k	fit	of	t h e

a n n u a l income of the share to which a n y child of t h e said M a r y

Susannah L o n g I n n e s by t h e said J o h n A r m s t r o n g should for t h e t i m e

be ing be ent i t led in expec tancy unde r t h e t rus t s thereinbefore declared

for or towards his or he r m a i n t e n a n c e or educat ion	a n d	t h a t	t h e	said
t rus tees	or t rus tee m i g h t	e i ther themselves	or himself so p a y	or

apply t h e same or m i g h t pay t h e same to t he gua rd ian or guard ians of such child for t h e purpose aforesaid w i thou t seeing to t h e appli­ cation thereof A n d should d u r i n g such suspense of absolute ves t ing as aforesaid accumula t e t h e res idue if any of t h e said a n n u a l income in t he way of compound interes t by inves t ing t h e same and the resu l t ing income thereof in or upon any of t he inves tments there in­ before author ized for t h e benefit of t he person or persons who unde r t h e t ru s t t he re in contained should become ent i t led to t he pr inc ipa l fund from w h i c h the same respect ively should have proceeded and m i g h t resort to t h e accumula t ion of a n y preceding year or years and

apply t h e same for or towards t h e m a i n t e n a n c e a n d educat ion of t he

child for t h e t i m e be ing p resumpt ive ly ent i t led there to in t h e same

m a n n e r as such accumula t ions m i g h t have been appl ied had t hey been

a n n u a l income ar is ing from t h e or iginal t r u s t fund in t h e year in

which t hey should be so appl ied a n d i t was the reby declared t h a t i t should bo lawful for t h e said Trus tees or Trus tee after t h e dea th of t h e survivor of t h e said M a r y Susannah L o n g I n n e s a n d J o h n A r m s t r o n g

or in the i r his or he r l ifet ime w i t h the i r his or he r consent in wr i t i ng

to raise any pa r t or par t s no t exceeding a l toge ther one half	of	t h e
expec tan t or p resumpt ive or vested share of a n y chi ld of	the	t h e n

in tended mar r iage unde r t h e t rus t thereinbefore declared a n d to pay

and app ly t h e same for he r or his advancemen t or benefit as t h e said

t rus tees or t ru s t ee should t h i n k fit A n d i t was t he r eby agreed a n d declared t h a t if the re should be no child of t h e said t hen in tended mar r i age who be ing a son should a t t a i n t h e age of twen ty -one years

or be ing a daugh te r should a t t a in t h a t age or m a r r y u n d e r t h a t age

t h e n the said t rus tees or t ru s t ee should s tand possessed of t h e said

t r u s t premises and t h e a n n u a l income thereof or so m u c h thereof respect ively as should not have become vested or been applied unde r any of t he t rus t s or powers there in contained upon t h e t rus t s following t h a t was to say if t h e said M a r y Susannah L o n g I n n e s

should survive t h e said J o h n A r m s t r o n g in T rus t for t h e said M a r y

Susannah L o n g I n n e s h e r executors adminis t ra tors and assigns	But	if
t he said J o h n	A r m s t r o n g	should survive t he said M a r y Susannah	Long
I n n e s t h e n in t r u s t for such person or persons a n d	for	such	purposes

as t he said M a r y Susannah L o n g I n n e s should n o t w i t h s t a n d i n g cover­

t u r e b y will or codicil or t e s t amen ta ry a p p o i n t m e n t direct A n d in

defaul t of such appo in tmen t and so far as a n y such a p p o i n t m e n t

should n o t extend in t r u s t for such person or persons as u n d e r t h e

s ta tu tes for t h e dis t r ibut ion of t h e effects of in tes ta tes would have

become ent i t led there to a t t h e dea th of t he said M a r y S u s a n n a h L o n g

I n n e s had she died possessed thereof in tes ta te a n d w i t h o u t hav ing been mar r i ed such persons if more t h a n one to t ake as t enan t s in c o m m o n in t h e shares in which t hey would have t a k e n u n d e r t h e same

s ta tu tes A n d i t was b y the now rec i t ing i nden tu r e agreed a n d

declared t h a t u n t i l a l l t h e said he red i t amen t s and premises there in­ before expressed to be the reby g ran ted and assigned respect ively should have been sold in pu r suance of the t rus ts of t h e there inbefore

reci ted wills of t h e said J a m e s H a y d o c k Re iby and M a r y Re iby or

in t h e now rec i t ing i nden tu re in t h a t behalf conta ined t h e said Trus tees

or Trus tee should pay or apply t h e ren t s and profits and a n n u a l income

of

of t h e same premises or of so m u c h thereof as for t h e t i m e be ing should no t have been sold as and when t h e same should come in to the i r or his hands or h a n d to t h e person or persons for t h e purposes and in t he m a n n e r to w h o m and for and in wh ich the a n n u a l income of t he stocks funds shares and securi t ies in or upon which the moneys to arise from such sale or sales as aforesaid were thereinbefore directed to be inves ted would be payable or appl icable unde r t h e t r u s t s the re in conta ined if t he sale and inves tmen t aforesaid were t h e n ac tua l ly made A n d i t was t he r eby agreed a n d declared t h a t i t should bo lawful for

t h e said M a r y Susannah L o n g I n n e s by deed or wil l to direct or

appoin t t ha t any pa r t no t exceeding one moie ty of t h e said t r u s t

premises should (bu t subject a n d w i t h o u t pre judice to t he t ru s t thereinbefore declared concern ing t h e income thereof for t h e benefit of t he said M a r y Susannah L o n g I n n e s du r ing her life) be held u p o n

such t rus t s for t he benefit of any m a n the said M a r y Susannah L o n g

I n n e s m i g h t m a r r y after t h e decease of t h e said J o h n A r m s t r o n g and all or any one or more of t he chi ldren and remote r issue of a n y sub­ sequen t marr iage and in such m a n n e r as she m i g h t t h i n k proper A n d it was also provided t h a t no such direct ion or appo in tmen t should have a n y effect by way of disposition or lien or charge upon the funds in case t he r e should be more t h a n two chi ldren of the mar r i age be tween t h e said J o h n A r m s t r o n g and M a r y Susannah L o n g I n n e s who be ing a son or sons should a t t a in t h e age of twenty-one years or who being a daugh te r or daugh te r s should a t t a in t h a t age or m a r r y A n d there ­ u p o n the funds so directed or appoin ted should subject to t he t ru s t thereinbefore declared concern ing the income thereof for t he benefit of t h e said M a r y Susannah L o n g I n n e s d u r i n g he r life be holden u p o n proper t r u s t s accordingly and subject the re to upon the t rus t s there in­ before contained concern ing t h e same t h e n subsis t ing or capable of t a k i n g elfect A n d i t was the reby provided t h a t i t should bo lawful

for t h e said M a r y Susannah L o n g I n n e s no twi ths tand ing he r in tended

or any fu tu re cover ture a t any t ime after a n y son of her mar r i age w i t h

t h e said J o h n A r m s t r o n g should have a t t a ined the age of twenty-one

years or any daugh te r of such mar r i age should have a t ta ined t h a t age

or been marr ied by any deed to revoke t h e power las t ly thereinbefore

conta ined	A n d i t was in t h e said inden tu re agreed	and declared	t h a t
if t h e said M a r y	Susannah L o n g I n n e s	t h e n was or if d u r i n g t h e	said

t h e n intended cover ture she or t he said J o h n A r m s t r o n g in her r i g h t should unde r t h e said wills or otherwise a t one and the same t ime a n d from t h e same source become seized or possessed of or ent i t led to a n y real or personal p roper ty n o t thereinbefore effectually set t led of t h e

va lue of two h u n d r e d and fifty pounds a n d upwards for a n y estate or

in te res t 'whatsoever in possession reversion remainder or expec tancy (except cer ta in chat te ls a n d personal es ta te there in specified) t h e n the said M a r y Susannah L o n g I n n e s and J o h n A r m s t r o n g and all o the r necessary par t ies if any should convey and assure t h e said rea l and personal p roper ty or otherwise cause t he same to be vested in he r said Trustees upon t ru s t t h a t t hey should sell a n d conver t in to money such p a r t or par t s of t h e said proper ty as should not consist of money or of an a n n u i t y or annui t ies or o ther es ta te or in teres t for t h e life of t h e said M a r y Susannah L o n g I n n e s a n d should s tand and be possessed of t he said proceeds of sale and the inves tments represen t ing the same and the a n n u a l income thereof upon t h e t rus ts and wi th and subject to t he powers provisoes and agreements in t he said i nden tu r e pre­ viously declared of and concerning the t rus t premises t he t rus t s Whereof were thereinbefore declared A n d i t was by t h e said inden­

t u r e also provided t h a t in addi t ion to t h e several powers and	author i t ies
usua l ly conferred	upon t rus tees the t rustees or t rus tee for t he t ime being
m i g h t e i ther themselves or himself	p a y and discharge ou t of t he said

premises

premises all expenses	incur red in or a b o u t the execu t ion of t h e t rus t s
or powers of t h e said i nden tu r e inc lud ing t h e costs charges	and

expenses of every t rus tee for t h e t ime be ing who m i g h t h a p p e n to be a n a t to rney or solicitor or of t h e firm of a t to rneys or solicitors of which such Trus tee m i g h t be a m e m b e r any ru le of law or equ i ty to t h e con t ra ry n o t w i t h s t a n d i n g A n d i t is the reby agreed a n d declared t h a t t h e power of appoin t ing a new Trustee or new Trustees of t he said inden tu re in t h e place of any Trus tee or Trustees who might die or be abroad or desire to be discharged or refuse or become incapable to ac t in t h e execut ion of t h e t rus t s of t h e said inden tu re should be

vested in t he said J o h n A r m s t r o n g a n d M a r y Susannah L o n g I n n e s

du r ing the i r jo in t lives and in t h e survivor du r ing his or he r life	A n d
t h a t upon every or any such appo in tmen t t h e n u m b e r of such	Trustees

m i g h t be a u g m e n t e d or reduced A n d i t was the reby agreed and declared t h a t t he Trustees for t he t ime be ing of the said i nden tu r e should not be bound to inqu i re or ascer ta in of w h a t pa r t i cu la r s t h e p roper ty to which the said M a r y Susannah L o n g I n n e s was ent i t led t h e n consisted and should n o t be answerable for a n y omission or fai lure to m a k e inqu i ry or obta in in format ion as to such par t i cu la rs t h e t r u e in t en t and m e a n i n g of t he said i nden tu r e be ing t h a t t h e said Trustees should be respectively chargeable only for such moneys s tocks funds shares a n d securi t ies and proper ty as they should respectively receive or which should be ac tual ly conveyed or assigned or t ransferred to t h e m or h i m And whereas t h e real and personal es ta te comprised

in t h e will of t he said J a m e s H a y d o c k R e i b y deceased are now repre­

sented by t h e par t icu la rs specified in t h e First Schedule here to A n d whereas t h e real and personal estate comprised in t h e said wil l of t he said M a r y Re iby deceased are now represented by t h e par t i cu la rs specified in t h e Second Schedule here to A n d whereas u n d e r or by v i r tue of cer ta in inden tu res of lease and release dated respectively t he twen ty - seven th and twen ty -e igh th days of Apr i l one thousand e ight

h u n d r e d a n d twen ty -n ine t h e release be ing m a d e be tween Joseph L o n g

I n n e s since deceased of t h e first pa r t t h e said M a r y Re iby and her

d a u g h t e r t h e said E l i zabe th A n n e I n n e s ( then El izabe th A n n e Reiby) since deceased of t he second pa r t and George B u n n and R icha rd J ones of t h e th i rd p a r t cer ta in he red i t aments specified in t h e first pa r t of the Third Schedule here to were conveyed and assured u n t o the said George B u n n a n d R icha rd Jones the i r hei rs and assigns from and after t h e

solemnizat ion of t h e said t h e n in t ended mar r i age to t he use of t he said

George B u n n and R i c h a r d Jones and the i r he i r d u r i n g the lives of t he

said E l i zabe th A n n e I n n e s and J o s e p h L o n g I n n e s a n d t h e life of t he

survivor of t h e m u p o n cer tain t rus t s for t h e benefit of t h e said Eliza­

beth A n n e I n n e s and Joseph L o n g I n n e s and from and after t he decease

of t h e survivor of t h e m t h e said E l i zabe th A n n e I n n e s and Joseph

L o n g I n n e s To t h e use of all a n d every t he chi ldren of t h e said

E l i zabe th A n n e I n n e s b y the said Jo seph L o n g I n n e s as t enan t s in common and to the i r several a n d respect ive heirs and assigns for ever A n d whereas t he r e was born issue of t h e said mar r i age seven chi ldren and no more all of w h o m at ta ined t h e age of twen ty -one years and one of w h o m is t he said M a r y S u s a n n a h L o n g A r m s t r o n g A n d whereas

t h e one-seventh share of t h e said M a r y Susannah L ong A r m s t r o n g of

and in t he said las t -ment ioned he red i t ament s was no t conveyed by or

included in t h e said inden tu re of se t t lement of t h e twenty-first day of December one thousand e ight h u n d r e d and seventy save and except so far as t h e same is comprised in and bound by t h e covenant for t he se t t l ement of o ther p roper ty of t he said M a r y Susannah L o n g A r m ­ s t rong and t h e same share is now represented by t h e s u m of money specified in t h e second p a r t of t he said Th i rd Schedule A n d whereas

the re a re now six chi ldren of t h e said mar r i age n a m e l y Chris t ian

El izabe th

Elizabeth Mary Celia Innes Frances Clara John Nicholas Eraser Kath­

leen Arbuthnot Janet and Aileen Isabel who are all infants under the age of twenty-one years and unmarried And whereas at the time of the execution of the said settlement the said John Armstrong and Mary Susannah Long Armstrong contemplated residing in England And the said Mary Susannah Long Armstrong desired that the settle­ ment of her property should be framed in accordance with such intention and consequently no power was inserted in the said settle­ ment for the appointment of Trustees thereof or for the investment of the trust premises comprised therein out of Great Britain and all the monies now or hereafter constituting or representing the share of the said Mary Susannah Long Armstrong under the hereinbefore men­ tioned wills or the said indentures of lease and release or any of them

will in the absence of enactment to the contrary be sent out of the Colony and transmitted to Great Britain for investment there in accor­

dance with the trusts of the said settlement And whereas the said

John Armstrong and Mary Susannah Long Armstrong have subse­

quently to the execution of the said settlement changed their place of

domicile and settled in this Colony with their said children with the
purpose and intention of residing permanently therein and it is appre­ hended that very serious loss and inconvenience will be occasioned to the several persons beneficially interested therein by the transmission to and investment in England of the said moneys And it will be greatly for the benefit of all the persons interested therein that all the said monies should be retained and invested in this Colony and that

for the purposes aforesaid fit and proper persons residing in this Colony should be appointed Trustees of the said settlement and such

oilier arrangements made as are hereinafter enacted And whereas the persons hereafter nominated as Trustees are residents in this Colony and arc willing to accept the trusts hereof and of the said indenture of settlement of the twenty-first day of December one thousand eight hundred and seventy. And whereas the said Edward Dawes Pym

Reginald Gipps Long Lines James Armstrong and Richard Dawes

the younger having been informed of the intention of the said Mary Susannah Long Armstrong to apply to the Parliament of this Colony to pass this Act have made no objection thereto Be it therefore enacted
by the Queen's Most Excellent Majesty by and with the advice and

consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled and by the authority of the same as follows :—
1. The following persons namely—James William Johnson Alexander Edmund Hemsley Ernest A. Smith and Edward Herbert
Crossman are hereby appointed Trustees in this Colony of the said

indenture of settlement of the twenty-first day of December one thousand eight hundred and seventy and all the estate share right title and interest of the said Mary Susannah Long Armstrong of and in the hereditaments and premises comprised in or subject to the trusts of the said wills and indentures of lease and release or any of them and assigned by or otherwise comprised in or subject to the trusts of the said indenture of settlement of the twenty-first day of December one thousand eight hundred and seventy and which estate share right title and interest are now represented by the several particulars specified in the three; several Schedules hereto are hereby vested in the said James William Johnson Alexander Edmund Hemsley Ernest A. Smith and Edward Herbert Crossman their heirs executors administrators and assigns according to the nature and quality thereof as fully and effectually as if their names had been originally inserted in the said indenture of settle­ ment of the twenty-first day of December one thousand eight hundred and seventy and in the place of the names of the said Edward Lawes Pym

r Reginald

Reginald Gipps Long Innes James Armstrong and Richard Dawes the

younger and shall he held by them and their heirs executors adminis­ trators and assigns respectively upon the trusts and for the ends intents and purposes and with under and subject to the powers provisions and declarations in the hereinbefore recited indenture of settlement contained and declared of and concerning all and singular the shares interests estates hereditaments and premises in and by the said indenture granted and assigned by the said Mary Susannah Long Armstrong to the said Edward Lawes Pym Reginald Gipps Long Innes

James Armstrong and Richard Dawes the younger their heirs executors

and administrators or such of them as may now or from time to time hereafter shall be subsisting and capable of taking effect And the

Colonial Treasurer and the said Sir Joseph George Long Innes and all

other persons having in theirpossessionor power any moneys stocksfunds shares or securities subject to the trusts of the said settlement or which but for this Act would be payable or transferable to the said Edward
Lawes Pym Reginald Gipps Long Innes James Armstrong and Richard

Dawes the younger as such Trustees of the said settlement as aforesaid are hereby authorized and required to pay and transfer the said moneys
stocks funds shares or securities to the said James William Johnson

Alexander Edmund Hemsley Ernest A. Smith and Edward Herbert Crossman to the intent that the same may he retained in this Colony and that henceforth the said James William Johnson Alexander Edmund Hemsley Ernest A. Smith and Edward Herbert Crossman shall be invested with and shall have the same trusts powers and authorities save as hereinafter mentioned to all intents and purposes as if they had been originally appointed Trustees of the said indenture of settle­ ment it being the intent and purpose hereof that the same trusts powers and authorities shall enure in accordance with and subject to the Acts

of Parliament affecting like trusts powers and authorities contained in
settlements executed and operating in the Colony of New South Wales and the receipts or receipt in writing of the said James William Johnson Alexander Edmund Hemsley Ernest A. Smith and Edward Herbert Crossman or of the survivors or survivor of them or the executors or administrators of such survivor their or his assigns here­ inafter referred to as the said Trustees or Trustee for any moneys paid and for any stocks funds shares or securities transferred to them or him by virtue hereof or in the execution of any of the trusts or powers hereby or by virtue of the said settlement authorized or conferred shall alone effectually discharge the person or persons paying or trans­
ferring the same therefrom and from being bound to see to the
application or being answerable for the loss or mis-application thereof.

2 . I t shall be lawful for the said Trustees or Trustee to deduct

the costs and expenses of and incidental to the passing of this Act out of the monies paid to them by virtue hereof and the said Trustees or Trustee shall notwithstanding the directions for investment in the said settlement contained and hereinbefore recited invest the balance

of the said monies by way of deposit as a permanent investment with

any bank carrying on business in Sydney or in or upon the purchase
of shares of any such bank or in or upon the purchase of the Deben­

tures or Treasury Bills of any Australian British Colony or in the purchase or on mortgage of any real estate in the Colony of New South Wales.

3 . This Act may he cited as " Armstrong's Settlement Act of

1 8 8 6 . "

T H E

T H E F I R S T S C H E D U L E H E R E I N B E F O R E R E F E R R E D T O .

A sum of four thousand pounds or t he reabou t s deposi ted with the B a n k o f N e w

S o u t h W a l e s Sydney in t he name of S i r J o s e p h G e o r g e L o n g L i n o s F a m i l y A c c o u n t

t h e	said S i r J o s e p h G e o r g e L o n g t i m e s ac t ing for and	on b e h a l f	o f and	by the assent o f
the	several	benel ic iar ies and	the i r	T r u s t e e s .

A cer ta in freehold c o t t a g e s i tua te a t or n e a r L a u n c e s t o n in t h e Colony of

Tasman ia and valued a t about £ 2 0 0 .

K O T E . — T h e said M a r y Susannah Long Armstrong is under the said wills of the said J a m e s

Haydock Reiby and El izabeth Anne Innes entitled to one equal sixth share of the above trust premises.

T H E S E C O N D S C H E D U L E H E R E I N B E F O R E R E F E R R E D T O .

A l l t ha t messuage and shop s i tua te in G e o r g e - s t r e e t S y d n e y and l e t on lease to

G e o r g e Sands and numbered 374 in the said s t r ee t .

A l l t ha t messuage and shop s i tua te in Geo rge - s t r ee t aforesaid and l e t on lease to

Saywel l and numbered 37(3 in t he said s t ree t .

T h e said messuages are reg is te red in t he n a m e o f the said S i r J o s e p h G e o r g e

L o n g I n n e s ( a c t i n g and wi th such a s sen t as a foresa id) and comprised and more

pa r t i cu la r ly descr ibed in cer t i f icate of t i t l e vol. 1 5 3 fol . 1 6 6 .

A sum o f fou r thousand five hundred pounds or the reabou t s deposi ted with the

B a n k o f N o w S o u t h W a l e s in the n a m e o f t he said S i r J o s e p h G e o r g e L o n g I n n e s ( a c t i n g and wi th such assen t as a foresa id) to t he accoun t aforesaid .

Cer ta in f reehold he red i t aments and premises s i t ua t e n e a r L a u n c e s t o n in the

Colony of T a s m a n i a .aforesaid and known as A u b r e y F a r m .

N O T E . — T h e said M a r y Susannah L o n g Armstrong is entitled to one equal seventh share of the

above under the said will of the said Mary Reiby.

T H E T H I R D S C H E D U L E H E R E I N B E F O R E R E F E R R E D T O .

F I R S T P A R T .

A l l t ha t p iece or parce l o f land in the C i t y o f S y d n e y in t he par ish o f S t . J a m e s

c o u n t y o f Cumber l and and Colony of N e w S o u t h W a l e s be ing pa r t o f a l lo tment seven

o f sec t ion th i r ty -seven or ig ina l ly g ran ted to J o h n M ' A r t h u r b y Crown g ran t da ted the

th i rd day o f D e c e m b e r one thousand e igh t hundred and twenty-s ix con ta in ing t w e n t y

perches and fo r ty -n ine one hundredths o f a perch C o m m e n c i n g on the eas te rn building-

l ine o f G e o r g e - s t r e e t a t the south-western co rne r o f t he p resen t bui ld ing o f t he G e n e r a l P o s t Office and bounded t h e n c e on the west by tha t bui ld ing- l ine bea r ing south five degrees wes t fo r ty -n ine l inks and s ix ty-one one hundred ths o f a l ink ( th i r ty - two f ee t e igh t inches

and seven-eighths o f a l i nk ) t h e n c e on pa r t o f the south by t he c e n t r e o f a p a r t y wall

bear ing no r th four teen minu tes eas t seventy-n ine one hundredths of a l ink (s ix inches

and a q u a r t e r ) t h e n c e on par t of the south	by the cen t r e	o f a pa r ty wall bea r ing	south
e ighty- four	degrees for ty-s ix l inks eas t f i f ty- three	l inks and	e ighty- two one	hund red th s

o f a l ink ( th i r ty-f ive feet six inches and a q u a r t e r ) t h e n c e on p a r t o f t he eas t b y t he

cen t r e o f a pa r ty wall bear ing no r th fifty degrees	four teen	minutes eas t ninety-five	one
hundred ths o f a l ink	(seven inches and a ha l f ) t h e n c e on par t o f t h e south by	the	c e n t r e

o f a pa r ty wall bear ing south	e igh ty -one degrees	for ty-e ight	minu tes	eas t	e igh ty -one
degrees e ighty- two l inks (fifty-four f e e t )	t h e n c e	on pa r t	o f t he	eas t by	t he centre o f a

pa r ty wall bea r ing nor th seven degrees fifteen minu tes eas t th i r ty-e ight one hundred ths

o f a l ink ( t h r e e i nches ) t h e n c e on t he r ema inde r o f the south by t he c e n t r e o f a pa r ty

wall and a l ine in con t inua t ion t h e r e o f bear ing south eighty- two degrees forty-five l inks

ea s t n ine ty - four l inks and n ine teen one hundredths o f a l ink ( s ix ty- two f e e t two

i n c h e s ) t hence on the south-eas t by the c e n t r e o f a pa r ty wall b e a r i n g nor th s ix ty-one

degrees twen ty -one minu tes ea s t e ighteen l inks and s ix ty -one one hundred ths o f a l ink

( twe lve f e e t t h r e e inches and a ha l f ) to the south-west side o f the T a n k S t r e a m t h e n c e

on the n o r t h - c a s t and the r emainder o f the east b y t ha t side o f t ha t s t r eam be ing also

t he nor th -eas t and eas t side o f a wall bear ing nor th	twen ty -n ine	degrees thirty-five	and
a ha l f minu tes wes t	twelve l inks and	th ree one hundredths o f a l i n k (seven f ee t	e leven
inches and a qua r t e r ) and nor th five degrees forty-one	minu te s	eas t twen ty -n ine	l inks

and n ine one hundredths o f a l ink (n ine teen f ee t two inches and a h a l f ) to t he sou th

side o f the p resen t bui lding o f the G e n e r a l P o s t Office and t h e n c e on the nor th by tha t

side o f tha t bui lding bea r ing nor th e ighty- two degrees th i r ty-seven m i n u t e s west one

hundred and sixty-five l inks and four teen one hundredths o f a l ink (one hundred and
n i n e f e e t ) and nor th eighty-five degrees fou r minutes wes t n ine ty - th ree l inks and five

o n e hundred ths o f a l ink ( s ix ty -one fee t five i n c h e s ) to the point o f c o m m e n c e m e n t .

SECOND

SECOND P A R T .

A sum o f five thousand five hundred pounds in t he hands o f the Colonia l T r e a s u r e r

be ing the one-seventh share o f the said M a r y S u s a n n a h L o n g A r m s t r o n g in a sum o f

th i r ty -e igh t thousand five hundred pounds being t he amount o f the compensa t i on

m o n e y s agreed or o therwise asce r ta ined under and in accordance with the provis ions o f

t he L a n d s for Pub l i c Purposes Acqu i s i t i on A c t ( for ty- four th V i c t o r i a n u m b e r s i x t e e n )

and the amending A c t in r e spec t o f t h e he red i t amen t s and premises in the first p a r t o f

th i s Schedu le descr ibed and r e c e n t l y resumed by t he G o v e r n m e n t by vir tue o f a c e r t a i n

p roc l ama t ion o f resumpt ion publ ished in the N e w Sou th W a l e s Government Gazette o f

the four th day o f M a y one thousand e ight hundred and e igh ty- th ree .